Deery v. Camden & Atlantic R. R.
Deery v. Camden & Atlantic R. R.
Opinion of the Court
Opinion bv
In getting off the defendant company’s car the plaintiff received an injury which she attributes to the negligence of the company and for which she seeks to recover compensation in this action. There is no reason to suppose that she would have been injured if in leaving the car she had conformed to a rule of the company which she observed in entering it. At each end of the car there were the usual conveniences for ingress and egress, consisting of a door, platform, steps and railing. It was a rule of the company well known to the traveling public that its passengers should enter and leave its cars where these conveniences were provided. The plaintiff was in a combination car, in.one portion of which there were seats for passengers'while the other part of it wa,s appropriated to baggage. In the baggage compartment there was a side door through which the baggage was received and discharged. When the train stopped at Excursion House the plaintiff, instead of going out at the rear, or front, end of the car where there were conveniences for safe and easy entrance and exit, got off through the side door, and in doing so jumped from the floor of the car to the ground and received the injury complained of. It was an act in plain violation of a familiar rule governing passengers in entering and leaving cars, and it constituted prima facie at least a bar to an action against the company for the injury caused by it. That the injury for which the plaintiff seeks compensation was so caused is beyond question.
“ When a railroad company undertakes the transportation of a passenger for an agreed price the contract includes many things. On the part of the passenger his consent is implied to all the company’s reasonable rules and regulations for entering, oc
The specifications of error are overruled.
Judgment affirmed.
Reference
- Full Case Name
- Jennie Deery v. Camden & Atlantic R. R. Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Negligence—Railroads—Passengers—Alighting from train. Where a person becomes a passenger upon a railroad train, his consent is implied to all the company’s reasonable rules and regulations for entering, occupying and leaving their ears, and if injury befall him by reason of his disregard of regulations which are necessary to the conduct of the business, the company is not liable in damages even though the negligence of their servants concurred with his own negligence in causing the mischief. A passenger was .riding in a combination car, one half of which was used for passengers, and the other half for baggage. The car became crowded, and when the train arrived at the station, at which plaintiff desired to alight, she approached the side door of the car, which was used for baggage. The conductor, who was on the ground outside, extended his hand to help her alight, at the same time saying “ step lively, madam, step lively.” It did not appear that plaintiff made any effort to get off at the end door, or that she was required to get off where she did. Reid, that a nonsuit was properly entered. Plaintiff’s act was in violation of a rule for the protection of passengers, it was obviously dangerous, and she must be considered as having voluntarily assumed the risk involved in it. In such case something more is required to render the company liable than its employee’s consent to the passenger’s negligent act.